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J.P. Morgan Chase Bank v. Niakaros (Misc. 13-479399) (December 13, 2016)

Keywords: personal loan, reformation, mortgage, mutual mistake

Issue:  Whether the court should reform a mortgage to change the grantor from an individual to the individual as trustee / owner of the real property where the trustee never intended to grant a mortgage to the property.< Read More »

BAC Home Loans Servicing LP v. Savankham (Misc. 11-457188) (November 21, 2016)

Keywords: mutual mistake, mortgage, reformation, declaratory judgment, quiet title, equitable subrogation

Issue:  Whether a mortgage is binding on co-owners of a property who never executed a mortgage under the theory of equitable subrogation.< Read More »

Colomba v. Belmont Zoning Board of Appeals (Misc. 16-000219) (December 7, 2016)

Keywords: special permit, hotel, prohibited use

Issue:  Whether a hotel use is permitted by special permit where the zoning bylaw prohibits all uses not specifically allowed, there is no zone that a hotel is allowed as a primary use, but hotel use is allowed under the bylaw as an accessory use.< Read More »

Land Court Cases: December 2016

LAST UPDATED 12/16/2016    Read More »

Stepanian v. Saraceno (Misc. 10-443263)(January 5, 2016)

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Land Court Cases: January 2016

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Land Court Judge Orders Condo to Remove Fencing to Town Neck Beach in Sandwich

Judge Foster sides with local beachgoers  Judge Foster has ordered Sandwich condominium owners who had blocked access to Town Neck Beach this summer to remove fencing and allow nearby homeowners to use their deeded right...Read More »

Kent v. Roma III, LTD. (Misc. 13-479078) (November 23, 2016)

Keywords: Murphy v. Mart Realty of Brockton, easments, overloading, access easement, utility easement, extinguish easement, rockport

Issue:  Whether there should be an exception to the rule from Murphy v. Mart Realty of Brockton that use of an easement to benefit after-acquired land overburdens an easement if the use for the after-acquired land does not unfairly increase the burden on the easement.< Read More »

Blakeman v. Cellini (Misc. 14-482498) (November 23, 2016)

Keywords: try title, abington, adverse possession, declaratory judgment

Issue:  Whether a metes and bounds description excluding a land area prevails over the reference to a plan in the same deed in which plan the disputed land area is included.<Read More »

Slover v. Carpenter (Misc. 14-487353) (January 4, 2016)

Keywords: statute of frauds, oral agreement, quantum meruit, specific performance, detrimental reliance

Issue:  Whether an oral agreement to transfer one-half interest in land is enforceable when a memo of understanding was drafted and emailed but never executed and whether the plaintiff's reliance on the verbal understanding can make it enforeable.< Read More »

Judge: Speicher
Keywords: Easement, Right of Way, Estoppel, Overburden
Issue: Whether easement restrictions can be enforced after the expiration of the statute of limitations.